CADE amends its Statutes and upgrades electronic procedures

The Administrative Council for Economic Defense (CADE) amended its Statutes through Resolution 37, of 17 March 2026, aimed at modernising its communication channels and formalising electronic procedures within the agency. The new provisions come into force 90 days after the publication date, and simultaneously revoke previous legal provisions that may conflict with the digitalisation practices currently adopted.

The amendments include the establishment of the electronic protocol service as a tool for sending petitions and documents to CADE. The new procedures may be filed through the electronic protocol service or in person at the agency. The Resolution also establishes a contingency plan for situations in which the digital system is unavailable, clearing the submission of documents through the protocol's institutional email.

In these cases, the petitioner is responsible for ensuring the quality and fidelity of the material transferred and seeking confirmation that the authority has actually received it. CADE may require the originals to be presented within five days, on pain of the documents being considered untimely. Such measure seeks to ensure that procedural deadlines and the right to petition are not impaired by any technical failures in the electronic systems.

In addition, Resolution 37 establishes new guidelines for procedural communication and notification of the parties in administrative proceedings related to antitrust violations. Initial notifications will preferably occur by electronic means that ensure the interested party's knowledge. In case the attempt is unsuccessful, the service by post will be used. If the impossibility of locating or communicating persists, the notification will be done by public notice published in the DOU and in a widely read newspaper, with a set time limit of 20 to 60 days for appearance.

The regulation also formalises the possibility of using international cooperation mechanisms or any other means to ensure that the interested party has been duly notified. Furthermore, it reinforces that it is the responsibility of the interested party to keep their contact information updated in the case records, including telephone number, email, and address, as well as the information of their attorney.

Also, in cases involving restricted access to documents, the timeliness of the petitions will depend on the simultaneous submission of both the public and restricted versions of the documents.

Upon the entry into force of Resolution 37, CADE consolidated procedures aimed at the digitalisation of its administrative and procedural activities, establishing new rules for electronic protocol, communication with interested parties, and regular course of documents in a digital environment.